Newmark & Lewis, Inc. v. Olim Realty Corp.

Appellate Division of the Supreme Court of New York

Newmark & Lewis, Inc. v. Olim Realty Corp.

109 A.D.2d 737, 486 N.Y.S.2d 55, 1985 N.Y. App. Div. LEXIS 47216

Appellate Division of the Supreme Court of the State of New York·Decided March 4, 1985·Published·Cited by 5 cases

Opinion

— In an action, inter alia, to recover an overpayment of rent pursuant to a lease between the parties and to reform the lease, plaintiff appeals from a judgment of the Supreme Court, Nassau County (Spatt, J.), dated November 10, 1983, which, after a nonjury trial, dismissed the complaint on the merits.

Judgment affirmed, with costs.

Ordinarily, the signer of a written instrument is conclusively bound by its terms (Pimpinello v Swift & Co., 253 NY 159). Plaintiff did not establish that it came within any of the narrowly circumscribed exceptions to the rule (Pimpinello v Swift & Co., supra; see, Lum v Antonelli, 102 AD2d 258; Sterling Natl. Bank & Trust Co. v I.S.A. Merchandising Corp., 91 AD2d 571; Franzek v Calspan Corp., 78 AD2d 134).

We have considered plaintiff’s other contentions and find them to be without merit. Gibbons, J. P., Weinstein, Brown and Eiber, JJ., concur.

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— In an action, inter alia, to recover an overpayment of rent pursuant to a lease between the parties and to reform the lease, plaintiff appeals from a judgment of the Supreme Court, Nassau County (Spatt, J.), dated November 10, 1983, which, after a nonjury trial, dismissed the complaint on the merits.

Judgment affirmed, with costs.

Ordinarily, the signer of a written instrument is conclusively bound by its terms (Pimpinello v Swift & Co., 253 NY 159). Plaintiff did not establish that it came within any of the narrowly circumscribed exceptions to the rule (Pimpinello v Swift & Co., supra; see, Lum v Antonelli, 102 AD2d 258; Sterling Natl. Bank & Trust Co. v I.S.A. Merchandising Corp., 91 AD2d 571; Franzek v Calspan Corp., 78 AD2d 134).

We have considered plaintiff’s other contentions and find them to be without merit. Gibbons, J. P., Weinstein, Brown and Eiber, JJ., concur.

Newmark & Lewis, Inc. v. Olim Realty Corp., 109 A.D.2d 737, 486 N.Y.S.2d 55, 1985 N.Y. App. Div. LEXIS 47216 (N.Y. Ct. App. 1985).

Pincite

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Opinion

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